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Welcome!
You have entered the website owned and
operated by MotoParts.my (“MotoParts.my
”), identified by the URL MotoParts.my
(the "Site"), but before
proceeding further please read carefully the
following Terms and Conditions of Use which
will govern your use of the Site (”Terms
and Conditions” which expression shall
include any modification that may from time
to time be made thereto by MotoParts.my ).
By using the Site or by placing an
order through the Site you agree to and
accept all these Terms and Conditions and
therefore have entered into an agreement
with MotoParts.my governing your use
of the Site. In addition, when you use any
current or future MotoParts.my
service(s), you also will be subject to the
guidelines and conditions applicable to such
service or business.
USE
OF SITE ACCESS
MotoParts.my
grants you a limited non-exclusive license
to access and make personal and
non-commercial home use of this Site. As
such, you cannot download the Site (other
than page caching) or modify the Site or its
contents or any portion of the Site or any
of its contents, except with the prior
written consent of MotoParts.my . This
license does not include any resale or
commercial use of this Site or its contents;
any collection and use of any product
listings, descriptions, or prices; any
derivative use of this Site or its contents;
any downloading or copying of account
information for the benefit of another
merchant and/or user; or any use of data
mining, robots, or similar data gathering
and extracting tools. This Site or any
portion of this Site may NOT be reproduced,
duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial
purpose without prior express written
consent of MotoParts.my . You may not frame
or utilise framing techniques to enclose any
trademark, logo, or other proprietary
information (including images, text, page
layout, or form) of MotoParts.my and
the Site without MotoParts.my ’s prior
express written consent. You may not use
meta tags or any other "hidden
text" utilising MotoParts.my and
the Site’s name or trademarks without the
prior written consent of MotoParts.my . Any
unauthorised use automatically terminates
the permission or license granted by
MotoParts.my .
You
are granted a limited, revocable, and
non-exclusive right to create a hyperlink to
the homepage of the Site so long as the link
does not in any manner whatsoever or
howsoever portray or depict the Site, or its
products or services in false, misleading,
derogatory, obscene or otherwise offensive
light or manner. You may not use any
MotoParts.my logo, the Site logo or
other proprietary graphic or trade mark as
part of the link without MotoParts.my ’s
prior express written consent.
YOUR
PARTICULARS
When
you register with MotoParts.my , you agree
to (i) provide true, accurate, current and
complete information about yourself as
prompted by the Order form (the "Order
Data") and to (ii) maintain and
promptly update the Order Data to keep it
true, accurate, current and complete. You
are responsible for maintaining the
confidentiality of your Order Data or
passwords and for restricting access to your
computer, and you agree to accept
responsibility for all activities that occur
under your particulars. MotoParts.my
cannot and will not be liable for any loss
or damage arising from your failure to
comply with this Terms and Conditions. If
you are under 18 years of age, you can use
the Site only with involvement of a parent
or guardian. MotoParts.my reserves the
right to refuse service, remove or edit
content, or cancel orders at its sole
discretion.
RISK
OF LOSS
All
items purchased from the Site are made
pursuant to a shipment contract. This means
that the risk of loss and title for such
items pass to you upon our delivery to the
carrier.
TERMINATION
You
agree that MotoParts.my , at its sole and
absolute discretion, may terminate your use
of the Site for any reason, including,
without limitation, lack of use or if
MotoParts.my believes that you have
breached or acted inconsistently with or in
disregard of the letter or spirit of the
Terms and Conditions. MotoParts.my may
also at its sole and absolute discretion and
at any time, with or without notice,
discontinue providing its services or any
part thereof. You agree that any termination
of your access to the Site under any
provision of this Terms and Conditions may
be effected without prior notice, and
acknowledge and agree that MotoParts.my
may immediately bar any further access to
the Site. On the happening of any of the
afore-going, you agree that MotoParts.my
shall not in any manner whatsoever or
howsoever, be liable to you or any third
party for any termination of your access to
the Site.
INDEMNITY
You
hereby agree to indemnify and forever save
MotoParts.my , its affiliates, directors,
officers, employees, owners, agents,
information providers, licensors and
licensees harmless, from and against any and
all losses, claims, demands, damages,
liabilities and/or costs and expenses,
including legal costs, on a full indemnity
basis, which may arise from your use of the
Site, including, but not limited to, any
breach of any of the Terms and Conditions,
or your violation of any rights of another.
You shall use your best efforts to cooperate
with us in the defence of any claim. We
reserve the right (but have no obligation),
at our own expense, to assume the exclusive
defence and control of any matter subject
always to full indemnification by you.
You
hereby acknowledge and agree that any breach
of the Terms and Conditions will result in
irreparable harm and/or losses to
MotoParts.my for which monetary
damages would or may not be an adequate
remedy and, therefore, in addition to its
rights and remedies otherwise available at
law, MotoParts.my will be entitled to
equitable relief, including both a
preliminary or interlocutory and permanent
injunction, if such a breach occurs. You
irrevocably waive any requirement for the
posting of a bond or other security if
MotoParts.my seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS
SITE IS PROVIDED BY MotoParts.my ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. MotoParts.my
MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK.
MotoParts.my
DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MotoParts.my MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES THAT
THIS SITE OR THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED. MotoParts.my DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM MotoParts.my ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED. MotoParts.my
WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR
SAVINGS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, WHETHER IN CONTRACT,
NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING
(i) THE USE OR THE INABILITY TO USE THE
SITE, (ii) ANY DEFECT IN GOODS, SAMPLES,
DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED FROM A USER OR A THIRD PARTY
SERVICE PROVIDER THROUGH THE SITE, (iii)
UNAUTHORISED ACCESS BY THIRD PARTIES TO YOUR
DATA OR PRIVATE INFORMATION, (iv) STATEMENTS
OR CONDUCT OF ANY USER OF THE SITE, OR (v)
ANY MATTERS RELATING TO SERVICES ACQUIRED
THROUGH THE SITE HOWEVER ARISING, INCLUDING
NEGLIGENCE.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE IS DONE AT YOUR SOLE
DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OR CORRUPTION OF DATA THAT
RESULTS OR MAY RESULT FROM THE DOWNLOAD OF
ANY SUCH MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MotoParts.my OR
THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY STATED
HEREIN.
UNDER
NO CIRCUMSTANCES SHALL MotoParts.my BE
HELD LIABLE FOR A DELAY OR FAILURE OR
DISRUPTION OF THE CONTENT OR SERVICES
DELIVERED THOUGH THE SITE RESULTING DIRECTLY
OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR
CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER, TELECOMMUNICATIONS OR
ANY OTHER EQUIPMENT FAILURES ELECTRICAL
POWER FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOUR OR MATERIALS, FIRES,
FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, ACTS
OF TERRORISTS, WAR, GOVERNMENT ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS OR NON-PERFORMANCE OF THIRD
PARTIES.
APPLICABLE
LAW
This
Site is created, owned and controlled by
MotoParts.my in Malaysia. The Terms
and Conditions shall be governed and
interpreted in accordance with the laws of
Malaysia without giving effect to any
principles of conflicts of laws. Those who
choose to access the Site do so on their own
initiative and are responsible for
compliance with local laws, if and to the
extent local laws are applicable.
By
visiting or using the Site or by placing an
order through the Site you hereby
irrevocably accept, agree and consent to the
exclusive jurisdiction of the Courts in
Malaysia in all disputes, controversies or
differences of whatsoever nature which may
arise, out of or in relation to the Terms
and Conditions, or the breach hereof
relating to the use of the Site.
ACCURACY
OF INFORMATION
We attempt to be as accurate as possible
when describing our products on the Site.
However, to the extent permitted by
applicable law, we do not warrant that the
product descriptions or other content
available on the Site is accurate, complete,
reliable, current, or error-free.
MODIFICATION
AND DISCONTINUANCE
We
reserve the right at any time and from time
to time to modify or discontinue,
temporarily or permanently, the Site and the
Terms and Conditions (or any part thereof)
with or without notice to you. The amended
and restated Terms and Conditions will be
posted on the Site and shall be effective
immediately upon posting. Posting by
MotoParts.my of the amended and
restated Terms and Conditions and your
continued use of the Site shall be deemed to
be acceptance of the amended terms. You
agree that MotoParts.my shall not be
liable to you or to any third party for any
modification, suspension or discontinuance
of the Site. Please also review our other
policies posted on the Site. These policies
also govern your visit to MotoParts.my ’s
website.
WAIVER
OF CONDITIONS OF USE
The
failure of MotoParts.my in any one or
more instances to insist upon performance of
any of the terms or conditions contained
herein, or to exercise any right or
privilege hereunder, or the waiver by
MotoParts.my of any breach by you, of
these terms or conditions of sale, shall not
be construed as thereafter waiving such
terms and condition, rights of privileges,
and the same shall continue and remain in
force and effect as if no failure or waiver
had occurred.
LINKS
TO OTHER WEBSITES
Links
to third party websites on this Site are
provided solely as a convenience to you.
Please exercise discretion while browsing
the Internet using this Site. If you use
these links, you will leave this Site.
MotoParts.my has not reviewed all of
these third party sites and does not control
and is not responsible for any of these
sites or their content. Thus, MotoParts.my
does not endorse or make any representations
about them, or any information, software or
other products or materials found there, or
any results that may be obtained from using
them. If you decide to access any of the
third party sites linked to this Site you do
this entirely at your own risk. MotoParts.my
will not be responsible or liable, directly
or indirectly, for any damage or loss caused
or alleged to be caused by or in connection
with use of or reliance on any such content,
goods or services available on or through
any such site or resource.
INTELLECTUAL
PROPERTY RIGHTS
MotoParts.my
is the sole owner or lawful licensee of all
the rights to the Site and all information,
text, messages, illustrations, images,
logos, designs, icons, photographs,
programs, music, sound, video clips,
directories, files, databases, listings or
other materials available on or through the
Site (collectively the "Content").
The Site and the Content embody trade secret
and intellectual property rights protected
under worldwide copyright and other laws.
All title, ownership and intellectual
property rights in the Site and the Content
shall remain with MotoParts.my , its
affiliates or licensors of the Content, as
the case may be. All rights not otherwise
claimed under this Terms and Conditions or
by MotoParts.my are hereby reserved.
“MotoParts.my", "MotoParts.my
" and related icons and logos of Home N
You Sdn Bhd in various jurisdictions are
protected under applicable copyright,
trademark and other proprietary rights laws.
The unauthorised copying, modification, use
or publication of these marks is strictly
prohibited.
NOTICES
AND COMMUNICATIONS
When
you visit the Site or send e-mails to us,
you are communicating with us
electronically. You consent to receive
communications from us electronically. We
will communicate with you by e-mail or by
posting notices on the Site. You agree that
all agreements, notices, disclosures and
other communications that we provide to you
electronically satisfy any legal requirement
that such communications be in writing.
SEVERABILITY
If
any provision of the Terms and Conditions
shall be unlawful, void, or for any reason
unenforceable, then that provision shall be
deemed severable from these terms and shall
not affect the validity and enforceability
of any remaining provisions.
ENTIRE
AGREEMENT
The
Terms and Conditions constitute the entire
agreement between you and MotoParts.my
and govern your use of the Site, superseding
any prior agreements between you and
MotoParts.my (including, but not
limited to, any prior versions of the Terms
and Conditions). You also may be subject to
additional terms and conditions that may
apply when you use other MotoParts.my
services, third-party content or third-party
software. Any assignment or transfer of
either the Terms and Conditions or any right
granted hereunder is strictly prohibited.
HEADING
The headings
of each of the Terms and Conditions are for
convenience of reference only and shall not
form part of the Terms and Conditions. Such
heading shall be ignored in the
interpretation or construction of any of the
Terms and Conditions.
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